Minister Of Law: Formation Of TNI Law In Accordance With The Provisions Of Law

Screenshot - Minister of Law Supratman Andi Agtas conveyed the government's statement on the formal test case of the TNI Law at the Constitutional Court, Jakarta, Monday (23/6/2025).

JAKARTA - Minister of Law Supratman Andi Agtas said the formation of Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 concerning the Indonesian National Army (UU TNI) was in accordance with the provisions of the legislation.

The statement was made by the Minister of Law and Human Rights as a Government statement on five formal testing cases of the TNI Law which are currently rolling in the advanced examination stage or evidence at the Constitutional Court (MK).

The establishment of Law Number 3 of 2025 has been carried out in accordance with the provisions of Law P3 (UU Number 12 of 2011 concerning the Establishment of Legislation) and Presidential Regulation [Number 87 of 2014 concerning] Implementation of Law P3, "said Supratman.

He explained, before the Draft Law (RUU) of the TNI Amendment was proposed by the DPR, the Government had been absorbing the aspirations of the people since 2023 in the form of activities in the form of discussion of the most popular group (FGD) held by the TNI Headquarters.

"In 2023, the TNI Headquarters will implement several FGDs in order to discuss several materials that will become content for the TNI Amendment Bill. The results of the FGD which will be carried out in 2023 will be used as material for the preparation of DIM in 2024," explained the Minister of Law and Human Rights.

The government, he added, compiled a list of problem inventory (DIM) of the TNI Bill after a letter from the DPR RI. In 2024, the preparation of the DIM was coordinated by the Coordinating Ministry for Law, Politics, Law and Security.

In the context of drafting the DIM, Supratman said that the Government had organized public testing activities through public hearings attended by elements of ministries/agencies, academics, and civil society groups.

The results of the public test are then stated in DIM and carried out several meetings for preparation and enrichment. After that, the results of the preparation of DIM were submitted to the DPR RI for discussion.

Pada tahap pembahasan, Menkum mengatakan telah digelar beberapa kali rapat pembicaraan tingkat I dan II hingga akhirnya sampai pada rapat paripurna DPR RI untuk menyetujui RUU TNI Perubahan ditetapkan sebagai undang-undang.

"Based on this information, it is clear that the space for public participation in the context of the formation of Law Number 3 of 2025 has been opened as widely as possible," he said.

According to Supratman, his explanation shows that the formation of the TNI Law is not carried out in a hurry, meets the principle of openness, and meets the principle of meaningful participation (meaningful participation).

On the other hand, he said the petitioners in the five cases did not have legal standings. This is because the applicants, including students and activists, are not soldiers, do not have reasons for constitutional losses that are directly related to the TNI Law.

Therefore, in the petitum, the Government asked the Court to reject the request for formal testing of the TNI Law in its entirety or at least state that the petitioners' petition was unacceptable.

Five cases of formal testing of the TNI Law that are being investigated by the Constitutional Court, namely Case Number 45/PUU-XXIII/2025, Number 56/PUU-XXIII/2025, Number 69/PUU-XXIII/2025, Number 75/PUU-XXIII/2025, and Number 81/PUU-XXIII/2025.

The cases were filed by students of the Faculty of Law, University of Indonesia, Padjadjaran University, Gadjah Mada University, as well as coalitions of civil society and activists.

The petitioners basically asked the Constitutional Court to cancel the new TNI Law because its formation was deemed not in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia so that it should have no binding legal force.